Introduction
The focus on the
prevention of
ill-treatment in prison
The responsibilities placed upon prison services are considerable. Charged
with securing the safety of society by incarcerating those deemed most dangerous, expected to help reform and rehabilitate those who have offended
against the criminal law, and required to hold ever-increasing numbers of
detainees in a prison estate that may often be in need of urgent repair, prison
staff and managers are called upon to do the near-impossible: to ensure that
detention conditions and prison arrangements respect the dignity of each
and every prisoner.
Public expectations of what prison services will achieve are often contradictory: prison as punishment, or imprisonment in order to rehabilitate and to
reform? Other considerations exist: pre-trial detainees deserve the protection
of the presumption of innocence; and instead of reforming the prisoner, it is
now accepted that loss of liberty inevitably carries with it negative consequences for physical and mental health as well as for employment and community ties. Prison regimes, detention facilities and health services are now
expected to try to help address these consequences.
In Europe, the old adage that individuals are sent to prison as punishment
rather than for punishment has now been supplemented by a further maxim:
that prisoners retain all civil rights other than those that are incompatible
with the very fact of loss of liberty. Prisoners retain their human rights, and
the scope of these rights is increasing. For example, a plethora of decisions
and judgments of the European Court of Human Rights has helped spell out
the content of rights relating to communication with the outside world and
Combating ill-treatment in prison ► Page 6